Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Lucky Fish! The terms "we", "us" and "our" refer to Lucky Fish. Lucky Fish operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lucky Fish is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Lucky Fish reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lucky Fish confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Lucky Fish may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Shipping & Returns policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices include UK VAT where applicable but do not include shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your card provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Lucky Fish, its affiliates or licensors and are protected by UK and international copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any trademark, copyright, or other intellectual property of Lucky Fish, Shopify or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Lucky Fish.
Lucky Fish's names, logos, product and service names, designs, and slogans are trademarks of Lucky Fish. You must not use such trademarks without the prior written permission of Lucky Fish. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Lucky Fish is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Lucky Fish. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lucky Fish, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lucky Fish.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services, or which may harm Lucky Fish, Shopify, or other users.
You also agree not to: upload viruses or malicious code; reproduce or exploit any portion of the Services; collect personal information of others; use bots, scrapers, or automated/AI tools to access the Services; or bypass any security or access-control measures we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 — AGENTS
This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.
No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements below, and only if we have not requested that it refrain from doing so.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
Agents must: (i) identify in all requests that they are from an Agent, including the Agent's name; (ii) not conceal that access is from an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any question seeking to determine if interactions come from a human or computer; (iv) not circumvent any measure intended to control how Agents access the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Lucky Fish, the Services and all products offered through them are provided "as is" and "as available" without any representation, warranty or condition of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such exclusion is not permitted by UK consumer law. Nothing in this section limits your statutory rights as a consumer under the Consumer Rights Act 2015.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, Lucky Fish, its agents, contractors, and service providers, and those of Shopify, shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services or any products procured through them, including but not limited to loss of data or lost savings, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under UK law, nor does it affect your statutory rights as a consumer.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lucky Fish, Shopify, and our respective affiliates, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defence of indemnified claims.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies posted by us on this site constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident elsewhere in the UK, you may also be entitled to bring proceedings in the courts of your home nation.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at contact@luckyfishjewellery.com
Our contact information is posted below:
Lucky Fish
Trading name of Lucky Fish Creations Limited (Company No. 17359866)
contact@luckyfishjewellery.com
Registered office: c/o Alexander & Co Accountants, Centurion House, 129 Deansgate, Manchester M3 3WR
Trading address: Flat 2, 29-33 Sloane Court West, London SW3 4TE, United Kingdom
07464432022